Community sentence for aggravated misappropriation

Justices: Øie, Indreberg, Normann, Høgetveit Berg, Thyness

The penalty for violation of section 325 of the Penal Code, cf. section 324, was six months of imprisonment. The convicted person had appropriated an amount of NOK 620 000 from his employer over a period of six months. The reason for doing so was the large economic problems he had suffered from internet gambling. He had confessed immediately when the offence was discovered, had repaid the amount and was undergoing promising rehabilitation from earlier gambling addiction. Although there has been a certain increase in the use of community sentence in connection with promising rehabilitation, the Supreme Court found nonetheless that there was insufficient reason for imposing a community sentence.